by The Gould Firm
•
1 September 2024
Have you faced negative actions at work because of filing a complaint or engaging in other protected activities? If so, you may have grounds to file a claim against your employer for compensation. As an employee you have a right to speak up against any harassment, discrimination, safety violations, or fraud you may experience or witness. To ensure a safe, fair, and lawful work environment it’s important to report any misconduct you may see. Unfortunately, employees may face retaliation as a result, which is any form of workplace punishment for reporting a wrongdoing. Retaliation is a common act that an employer can take against an employee and can be very challenging to prove in California, as employers rarely ever admit their actions. That's why you need an experienced employment attorney to take on your case. At The Gould Firm, we have the right employee attorney to protect your rights and fight for you in your retaliation claims. The Gould Firm has represented many victims of retaliation and has a track record of success. Let’s break down what is considered retaliation, how to recognize it and the steps you can take to protect yourself after reporting misconduct. What is Retaliation? When an employee engages in legally protected activity, such as reporting misconduct, discrimination, or other unlawful practices, an employer can retaliate by taking negative actions towards the employee. Let’s examine some of the common forms of retaliation, as they can range from being demoted or fired to more insidious forms like increased scrutiny. Common forms of Retaliation include: Termination: Being fired shortly after reporting the misconduct. Demotions: Demoting the employee’s job title, responsibilities, or pay. Exclusion: Excluding an employee out of important meetings, projects, or communications. Negative Performance Reviews: Having no justification for giving an employee a poor performance review. Hostile Work Environment: Creating a work atmosphere that is unbearable for the employee to continue working in, by bullying or criticism. What Protections are in Place Against Retaliation? There are multiple laws in place that protect employees from retaliation and prohibit employers from engaging in these types of activities. These include: Fair Employment and Housing Act (“FEHA”): Which prohibits an employer from retaliating against any employee who engages in protected activity. Government Code Section 12940, subdivision (h): This law protects employees who resist or object to discrimination or harassment. It is considered unlawful for any employer to discharge, expel, or discriminate against any employee because they oppose any practices forbidden under the law. The Fair Labor Standards Act (FLSA ): Protects employees who file complaints regarding wage and hour violations. The Occupational Safety and Health Act (OSHA): Protects workers who report safety violations. Whistleblower Protection Laws: Shield employees who report corporate fraud or other legal violations. Title VII of the Civil Rights Act of 1964: Prohibits retaliation against employees who report workplace discrimination. Under these laws, employers can’t legally punish you for exercising your rights, and if they do, you may have grounds to file a retaliation claim. How to Recognize Retaliation Retaliation can be difficult to identify if you don’t know what signs to look for, as negative actions taken by your employer may not always be direct or immediate. If you start to notice changes in your work environment or treatment shortly after you've filed, that could be a red flag. Some warnings signs could include: A sudden shift in performance evaluations with no justifications. Increased criticism of your work that wasn't an issue before. Being passed over for promotions, raises, or projects. An abrupt change in job duties. Steps to Take If You Suspect Retaliation Document Everything: Make sure to keep detailed records of all your interactions with your employer. For example, any records of work performance, emails, meeting notes, and any interactions related to the misconduct. Review Company Policies: Check your company's employee handbook for anti-retaliation policies so you can know the process for handling complaints. File an Internal Complaint: Next you will want to file a formal complaint to the company's human resources department. Provide as much documentation as possible to support your claim. Seek Legal Advice: Consult an employment law attorney who can help guide you through this complex process and file the formal complaints to the Equal Employment Opportunity Commission (EEOC). File a Complaint with EEOC: If internal processes don’t help resolve the issue, you’ll then want to file a retaliation complaint with the EEOC. You’ll have to provide them with all your documentation that displays the negative actions taken by your employer. Proving Retaliation When trying to prove retaliation you need to provide evidence that you took part in a protected activity like reporting misconduct, filing a complaint or exercising your legal right s. Then you need to show that as a result your employer took negative actions against you like demotion, termination, or creating a hostile work environment. Lastly, there needs to be evidence that an action occurred because of your report. Time will play a big role in proving that retaliation happened, as you want to prove it occurred right after your complaint. If you suspect that you’re being retaliated against, don’t hesitate to take action. Employees who stand up for their rights should never face punishment for doing so. The best way you can protect yourself and hold your employer accountable is by documenting retaliation, understanding your rights, and seeking legal advice. The Gould Firm is here to assist you with our qualified employment law attorneys. We can help you navigate all the complexities of the legal system and ensure your rights are protected.